Unreasonable shift hours

Caroline44

Oh well, my son is now out of a job. He asked today if he could take a break in his shift tomorrow (9.5 hrs long) and his boss said no. He stuck to his guns about having a right to a break and she's decided to let him go. He's finishing at 5pm today.

We think there is a xmas job at our local Boots so he going to apply there when he gets in tonight. Thanks for all your help and advice along the way!

anamenottaken

Caroline44 wrote: »

Oh well, my son is now out of a job. He asked today if he could take a break in his shift tomorrow (9.5 hrs long) and his boss said no. He stuck to his guns about having a right to a break and she's decided to let him go. He's finishing at 5pm today.

We think there is a xmas job at our local Boots so he going to apply there when he gets in tonight. Thanks for all your help and advice along the way!

I hope he can get evidence for having been dismissed because he insisted on exercising his legal right to a break. Despite having been employed there for easily less than a year, being dismissed for this is an unfair dismissal and can be taken to an Employment Tribunal.

anamenottaken

dawyldthing wrote: »

by law he is entitled to a break, and i'm sure for 12 hours isn't is an hour unpaid and 2 10 minute paid breaks. I think any of us would wither on our feet for 12 hours.

For an adult worker, the right is to a 20-minutes unpaid break if the entire shift is over 6 hours (and the break should not be near the beginning or end). There is no increasing entitlement (to a one hour break or paid 10-minute breaks) by statute - although this may be included in individual contracts.

Caroline44

anamenottaken wrote: »

I hope he can get evidence for having been dismissed because he insisted on exercising his legal right to a break. Despite having been employed there for easily less than a year, being dismissed for this is an unfair dismissal and can be taken to an Employment Tribunal.

She's now got him walking outside the shop with one of them boards on advertising the shop and she won't speak to him. Better than having her !!!!! to his face. I pity the next person she takes on.

We haven't got any evidence, they've only spoken about it and although we thought about putting his grievance in writing today we've been told that all she has to say is that isn't why she sacked him it was for something else etc.

anamenottaken

Use a hidden microphone to record what is said.

molerat

Ensure that everything is written down whilst still fresh in his mind to reduce the problems when he goes to sign on.

tbs624

Caroline - as the others have said your son is entitled to proper breaks, away from his "workstation"

Info - Working Time Regulations 1998, s12(3)

Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from his workstation if he has one.

There are some exceptions, in retail, when there are busy periods.

See also:

Rest breaks - a break during your working day

As an adult worker (over 18), you will normally have the right to a 20 minute rest break if you are expected to work more than six hours at a stretch.
A lunch or coffee break can count as your rest break. Additional breaks might be given by your contract of employment. There is no statutory right to 'smoking breaks'.

The requirements are:

• the break must be in one block
  
• it cannot be taken off one end of the working day - it must be somewhere in the middle
  
• you are allowed to spend it away from the place on your employer's premises where you work (my bolding)
  
• your employer can say when the break must be taken, as long as it meets these conditions

Daily rest - a break between working days

If you are an adult worker you have the right to a break of at least 11 hours between working days. This means as an adult worker, if you finish work at 8.00 pm on Monday you should not start work until 7.00 am on Tuesday.

Source

Info from the CAB here, from Business Link here and take a look at the ACAS website, and use their helpline for impartial free advice

As a previous poster has suggested, your son should be voicing his complaints to the franchisors as well as in writing to his actual employers.

Good luck to your son with finding a different job with decent managers.

It enrages me that some employers still, in 2010, seek to exploit their staff, particularly those on the brink of adulthood.

Caroline44

My son has just got home and from what he says she seems to have actually made my son give up his job rather than sack him. She said that as she was unable to give my son the rest break he wanted then what was she supposed to do? Unfortunately my son responded by saying that he supposed she had better let him go. She now wants a letter from us ( I am assuming a resignation letter) before she will pay him what money she owes him (approx £250). It makes me so angry that they can get away with it.

When we write this letter is there anything we should put in it or avoid putting in it?

globetraveller

Don't write it. Follow the advice of the post immediately before yours.

Caroline44

We are going into the job centre on Monday and explain to them what has happened and see if they (Spar) are allowed to hold onto his money if they don't get this letter they are referring to.